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Next Directory, CCJ, Now bailiffs, can anyone help me please?


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Hi

I am hoping that someone can help me please.

I bought items from next directory in the year of 2007, and i struggled to pay for them :(

It was passed to Howard Cohen and co, and ended up with a ccj and me agreeing £5 a month.

I continued to pay this until july of this year, when i could not manage the £5, and me asking if this could be reduced.

the first I have heard is a letter from the court this morning 19th december telling me that I have to pay in full before the 22nd december £197.25 (debt) plus court costs now totalling £245.00. or the bailiff will call and may remove your goods for sale at public auction. the notice of warrant of execution was dated the 15th dec09 but i recieved it on the 19th09(friday) giving me till the 22nd09(tuesday)

 

I really do not know what to do, tried calling howard cohen this morning and told them that the debt was not inforceable, she replied by saying it doesn't come under the CCA it comes under the sale of goods act. you have asked for goods and recieved/used them.

 

Is this true how do i now proceed, many thans in advance.

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Who did you ask to be able to make reduced payments? Since it was the court that ordered the payments you should have asked the court.

 

Whether the agreement was enforceable is an issue that was decided when the CCJ was issued. It is completely pointless to raise this with the creditor at this stage - the judgment has already been made.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Hi

I am hoping that someone can help me please.

I bought items from next directory in the year of 2007, and i struggled to pay for them :(

It was passed to Howard Cohen and co, and ended up with a ccj and me agreeing £5 a month.

I continued to pay this until july of this year, when i could not manage the £5, and me asking if this could be reduced.

the first I have heard is a letter from the court this morning 19th december telling me that I have to pay in full before the 22nd december £197.25 (debt) plus court costs now totalling £245.00. or the bailiff will call and may remove your goods for sale at public auction. the notice of warrant of execution was dated the 15th dec09 but i recieved it on the 19th09(friday) giving me till the 22nd09(tuesday)

 

I really do not know what to do, tried calling howard cohen this morning and told them that the debt was not inforceable, she replied by saying it doesn't come under the CCA it comes under the sale of goods act. you have asked for goods and recieved/used them.

 

Is this true how do i now proceed, many thans in advance.

 

sales of goods act my arse! they gave you credit by allowing you to buy now pay later, which is similar to a loan. so it falls under section 77 of the consumer credit act 1974 as it is a fixed term credit agreement. I.e the total value of the goods plus interest to be paid over a fixed period of time just like a loan is. So if their was no enforacble credit agreement produced at the original court hearing then i believe you can get the ccj set aside becuase of it. but hopefully someone will come here soon that knows more about the legal aspect at this stage of proceedings, and will beable to help you further

 

posting up their oringinal particulars of claim and your defence and what the judge had said at the original hearing would help too.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Hi

I am hoping that someone can help me please.

I bought items from next directory in the year of 2007, and i struggled to pay for them :(

It was passed to Howard Cohen and co, and ended up with a ccj and me agreeing £5 a month.

I continued to pay this until july of this year, when i could not manage the £5, and me asking if this could be reduced.

the first I have heard is a letter from the court this morning 19th december telling me that I have to pay in full before the 22nd december £197.25 (debt) plus court costs now totalling £245.00. or the bailiff will call and may remove your goods for sale at public auction. the notice of warrant of execution was dated the 15th dec09 but i recieved it on the 19th09(friday) giving me till the 22nd09(tuesday)

 

I really do not know what to do, tried calling howard cohen this morning and told them that the debt was not inforceable, she replied by saying it doesn't come under the CCA it comes under the sale of goods act. you have asked for goods and recieved/used them.

 

Is this true how do i now proceed, many thans in advance.

 

On the CCA point.... this is not something that I have knowledge of and therefore cannot advise.

 

In the first instance, I am sorry to hear of your financial problems but it is the case that if you cannot afford to pay the amount of the CCJ that you complete an N245 (Variation of a Court Order) and this needs to be sent to the County Court.

 

Sadly there is a court fees to pay for this application but if you are in receipt of benefits or an a reduced income you can complete an EX160 (Exemption from court fees) form.

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